admissions and continued occupancy policy chapter 11 ... · acop 11/13/19 page 11-3 iv of the...

ADMISSIONS AND CONTINUED OCCUPANCY POLICY

ACOP 11/13/19

1-1

Chapter 11 : COMMUNITY SERVICE

INTRODUCTION

This chapter explains HUD regulations requiring FHAs to implement a community service program

for all nonexempt adults living in public housing.

This chapter describes HUD regulations and FHA policies related to these topics in two parts:

Part I: Community Service Requirements. This part describes who is subject to the

community service requirement, who is exempt, and HUD’s definition of economic self-

sufficiency.

Part II: FHA Implementation of Community Service. This part provides FHA policy

regarding FHA implementation and program design.


ACOP 11/13/19

Page 11-2

PART I: COMMUNITY SERVICE REQUIREMENT

11-I.A. OVERVIEW

HUD regulations pertaining to the community service requirement are contained in 24 CFR 960

Subpart F (960.600 through 960.609). FHAs and residents must comply with the community service

requirement, effective with FHA fiscal years that commenced on or after October 1, 2000. Per

903.7(l)(1)(iii), the FHA Plan must contain a statement of how the FHA will comply with the

community service requirement, including any cooperative agreement that the FHA has entered into

or plans to enter into.

Community service is the performance of voluntary work or duties that are a public benefit, and that

serve to improve the quality of life, enhance resident self-sufficiency, or increase resident self-

responsibility in the community. Community service is not employment and may not include political

activities [24 CFR 960.601(b)].

In administering community service requirements, the FHA must comply with all nondiscrimination

and equal opportunity requirements [24 CFR 960.605(c)(5)].

11-I.B. REQUIREMENTS

Each adult resident of the FHA, who is not exempt, must [24 CFR 960.603(a)]:

Contribute 8 hours per month of community service; or

Participate in an economic self-sufficiency program (as defined in the regulations) for 8 hours per

month; or

Perform 8 hours per month of combined activities (community service and economic self-

sufficiency programs).

The required community service or self-sufficiency activity may be completed 8 hours each month

or may be aggregated across a year. Any blocking of hours is acceptable as long as 96 hours is

completed by each annual certification of compliance [Notice PIH 2015-12].

Definitions

Exempt Individual [24 CFR 960.601(b), Notice PIH 2015-12]

An exempt individual is an adult who:

Is age 62 years or older

Is blind or disabled (as defined under section 216[i][l] or 1614 of the Social Security Act), and

who certifies that because of this disability s/he is unable to comply with the service provisions

Is a primary caretaker of such an individual

Is engaged in work activities

FHA Policy

The FHA will consider 30 hours per week as the minimum number of hours needed to qualify

for a work activity exemption.

Is able to meet requirements of being exempted under a state program funded under part A of title


ACOP 11/13/19

Page 11-3

IV of the Social Security Act, or under any other welfare program of the state in which the FHA is

located, including a state-administered welfare-to-work program

This exemption applies to anyone whose characteristics or family situation meet the welfare

agency exemption criteria and can be verified.

Is a member of a family receiving assistance, benefits, or services under a state program funded

under part A of title IV of the Social Security Act, or under any other welfare program of the state

in which the FHA is located, including a state-administered welfare-to-work program and the

supplemental nutrition assistance program (SNAP), and has not been found by the state or other

administering entity to be in noncompliance with such program.

Community Service [24 CFR 960.601(b), Notice PIH 2015-12]

Community service is the performance of voluntary work or duties that are a public benefit, and that

serve to improve the quality of life, enhance resident self-sufficiency, or increase resident self

responsibility in the community. Community service is not employment and may not include political

activities.

Eligible community service activities include, but are not limited to, work at:

Local public or nonprofit institutions such as schools, head start programs, before or after school

programs, child care centers, hospitals, clinics, hospices, nursing homes, recreation centers, senior

centers, adult day care programs, homeless shelters, feeding programs, food banks (distributing

either donated or commodity foods), or clothes closets (distributing donated clothing)

Nonprofit organizations serving FHA residents or their children such as: Boy or Girl Scouts, Boys

or Girls Club, 4-H clubs, Police Assistance League (PAL), organized children’s recreation,

mentoring or education programs, Big Brothers or Big Sisters, garden centers, community clean-

up programs, beautification programs

Programs funded under the Older Americans Act, such as Green Thumb, Service Corps of Retired

Executives, senior meals programs, senior centers, Meals on Wheels

Public or nonprofit organizations dedicated to seniors, youth, children, residents, citizens, special-

needs populations or with missions to enhance the environment, historic resources, cultural

identities, neighborhoods, or performing arts

FHA housing to improve grounds or provide gardens (so long as such work does not alter the

FHA’s insurance coverage); or work through resident organizations to help other residents with

problems, including serving on the Resident Advisory Board

Care for the children of other residents so parent may volunteer

FHAs may form their own policy in regards to accepting community services at profit-motivated

entities, acceptance of volunteer work performed at homes or offices of general private citizens, and

court-ordered or probation-based work.

FHA Policy

Community services at profit-motivated entities, volunteer work performed at homes or

offices of general private citizens, and court-ordered or probation-based work will not be

considered eligible community service activities.


ACOP 11/13/19

Page 11-4

Economic Self-Sufficiency Program [24 CFR 5.603(b), Notice PIH 2015-12]

For purposes of satisfying the community service requirement, an economic self-sufficiency program

is defined by HUD as any program designed to encourage, assist, train, or facilitate economic

independence of assisted families or to provide work for such families.

Eligible self-sufficiency activities include, but are not limited to:

Job readiness or job training

Training programs through local one-stop career centers, workforce investment boards (local

entities administered through the U.S. Department of Labor), or other training providers

Employment counseling, work placement, or basic skills training

Education, including higher education (junior college or college), GED classes, or reading,

financial, or computer literacy classes

Apprenticeships (formal or informal)

English proficiency or English as a second language classes

Budgeting and credit counseling

Any other program necessary to ready a participant to work (such as substance abuse or mental

health counseling)

Work Activities [42 U.S.C. 607(d)]

As it relates to an exemption from the community service requirement, work activities means:

Unsubsidized employment

Subsidized private sector employment

Subsidized public sector employment

Work experience (including work associated with the refurbishing of publicly assisted housing) if

sufficient private sector employment is not available

On-the-job training

Job search and job readiness assistance

Community service programs

Vocational educational training (not to exceed 12 months with respect to any individual)

Job skills training directly related to employment

Education directly related to employment, in the case of a recipient who has not received a high

school diploma or a certificate of high school equivalency

Satisfactory attendance at secondary school or in a course of study leading to a certificate of

general equivalence, in the case of a recipient who has not completed secondary school or received

such a certificate


ACOP 11/13/19

Page 11-5

Notification Requirements [24 CFR 960.605(c)(2), Notice PIH 2015-12,

Notice PIH 2016-06]

The FHA must give each family a written description of the community service requirement, the

process for claiming status as an exempt person, and the process for FHA verification of exempt

status. The FHA must also notify the family of its determination identifying the family members who

are subject to the service requirement, and the family members who are exempt. In addition, the

family must sign a certification, such as Attachment A of Notice PIH 2015-12, that they have

received and read the policy and understand that if they are not exempt, failure to comply with the

requirement will result in nonrenewal of their lease. The family must also sign a certification at

annual reexamination, such as Attachment B of Notice PIH 2015-12, certifying that they understand

the requirement.

FHA Policy

The FHA will provide the family with a copy of the Community Service Policy found in

Exhibit 11-1 of this chapter, at lease-up, lease renewal, when a family member is determined

to be subject to the community service requirement during the lease term, and at any time

upon the family’s request. The policy will notify the family that self-certification forms are

subject to review by the FHA.

On an annual basis, at the time of lease renewal, the FHA will notify the family in writing of

the family members who are subject to the community service requirement and the family

members who are exempt. If the family includes nonexempt individuals the notice will include

a list of agencies in the community that provide volunteer and/or training opportunities, as

well as a documentation form on which they may record the activities they perform and the

number of hours contributed. The form will also have a place for a signature by an

appropriate official, who will certify to the activities and hours completed.


ACOP 11/13/19

Page 11-6

11-I.C. DETERMINATION OF EXEMPTION STATUS AND COMPLIANCE [24 CFR

960.605(c)(3)]

The FHA must review and verify family compliance with service requirements annually at least thirty

days before the end of the twelve month lease term. The policy for documentation and verification of

compliance with service requirements may be found at Section 11-I.D., Documentation and

Verification.

FHA Policy

Where the lease term does not coincide with the effective date of the annual reexamination,

the FHA will change the effective date of the annual reexamination to coincide with the lease

term. In making this change, the FHA will ensure that the annual reexamination is conducted

within 12 months of the last annual reexamination.

Annual Determination

Determination of Exemption Status

An exempt individual is excused from the community service requirement [24 CFR 960.603(a)].

FHA Policy

At least 60 days prior to lease renewal, the FHA will review and verify the exemption status

of all adult family members. This verification will only be done on an annual basis unless the

family reports a change or the FHA has reason to believe that an individual’s exemption status

has changed. For individuals who are exempt because they are 62 years of age and older,

verification of exemption status will be done only at the initial examination.

Upon completion of the verification process, the FHA will notify the family of its

determination in accordance with the policy in Section 11-I.B., Notification Requirements.


ACOP 11/13/19

Page 11-7

Determination of Compliance

The FHA must review resident family compliance with service requirements annually at least 30 days

before the end of the twelve month lease term [24 CFR 960.605(c)(3)]. As part of this review, the

FHA must verify that any family member that is not exempt from the community service requirement

has met his or her service obligation.

FHA Policy

Approximately 60 days prior to the end of the lease term, the FHA will provide written notice

requiring the family to submit documentation that all subject family members have complied

with the service requirement. The family will have 10 business days to submit the FHA

required documentation form(s).

If the family fails to submit the required documentation within the required timeframe, or

FHA approved extension, the subject family members will be considered noncompliant with

community service requirements, and notices of noncompliance will be issued pursuant to the

policies in Section 11-I.E., Noncompliance.

Change in Status between Annual Determinations

FHA Policy

Exempt to Nonexempt Status

If an exempt individual becomes nonexempt during the twelve month lease term, it is

the family’s responsibility to report this change to the FHA within 10 business days.

Within 10 business days of a family reporting such a change, or the FHA determining

such a change is necessary, the FHA will provide written notice of the effective date of

the requirement, a list of agencies in the community that provide volunteer and/or

training opportunities, as well as a documentation form on which the family member

may record the activities performed and number of hours contributed.

The effective date of the community service requirement will be the first of the month

following 30 day notice.


ACOP 11/13/19

Page 11-8

Determination of Initial Compliance

When an adult family member becomes subject to community service, he or she must

perform 8 hours of community service for the months he or she is subject to the

requirement before the end of the lease term (anniversary date).

Nonexempt to Exempt Status

If a nonexempt person becomes exempt during the twelve month lease term, it is the

family’s responsibility to report this change to the FHA within 10 business days. Any

claim of exemption will be verified by the FHA in accordance with the policy at 11-

I.D., Documentation and Verification of Exemption Status.

Within 10 business days of a family reporting such a change, or the FHA determining

such a change is necessary, the FHA will provide the family written notice that the

family member is no longer subject to the community service requirement, if the FHA

is able to verify the exemption.

The exemption will be effective immediately.

Example 1: Alberto Jones turns 18 on 5/10/15 and is not exempt from the

community service requirement. His community service requirement begins on

6/1/15, and his initial compliance is reviewed before the end of the lease term

(anniversary date), which is 11/30/15.

Alberto must perform 6 months of community service in his initial

compliance period, before the end of the lease term (anniversary date).

Example 2: Lisa Dewhurst leaves her job on 9/20/14 and is not exempt from the

community service requirement. Her community service requirement begins on

10/1/14, and her initial compliance is reviewed before the end of the lease term

(anniversary date), which is 6/30/15.

Ms. Dewhurst must perform 9 months of community service in her initial

compliance period, before the end of the lease term (anniversary date).


ACOP 11/13/19

Page 11-9

11-I.D. DOCUMENTATION AND VERIFICATION [24 CFR 960.605(c)(4), 960.607, Notice

PIH 2016-08]

The FHA must retain reasonable documentation of service requirement performance or exemption in

participant files.

Documentation and Verification of Exemption Status

FHA Policy

All family members who claim they are exempt from the community service requirement will

be required to sign the community service exemption certification form found in Exhibit 11-3.

The FHA will provide a completed copy to the family and will keep a copy in the tenant file.

The FHA will verify that an individual is exempt from the community service requirement by

following the verification hierarchy and documentation requirements in Chapter 7.

The FHA makes the final determination whether or not to grant an exemption from the

community service requirement. If a resident does not agree with the FHA’s determination,

s/he can dispute the decision through the FHA’s grievance procedures (see Chapter 14).

Documentation and Verification of Compliance

At each regularly scheduled reexamination, each nonexempt family member presents a signed

standardized certification form developed by the FHA of community service and self-sufficiency

activities performed over the last 12 months [Notice PIH 2015-12].

If qualifying community service activities are administered by an organization other than the FHA, a

family member who is required to fulfill a service requirement must provide documentation required

by the FHA. The FHA may require a self-certification or certification from a third party [24 CFR

960.607].

If the FHA accepts self-certification of compliance with the community service requirement, it must

provide a form which includes a statement that the client performed the required hours, contact

information for the community service provider, a description of activities performed, and dates of

service.

If the FHA accepts self-certification, it must validate a sample of certifications through third-party

documentation. The FHA must notify families that self-certification forms are available and that a

sample of self-certifications will be validated.

HUD strongly encourages FHAs to investigate community service compliance when there are

questions of accuracy.


ACOP 11/13/19

Page 11-10

FHA Policy

Each individual who is subject to the community service requirement will be required to

record their community service or self-sufficiency activities and the number of hours

contributed on the required form. The certification form will also include places for signatures

and phone numbers of supervisors, instructors, and counselors certifying to the number of

hours contributed.

Families will be required to submit the documentation to the FHA, upon request by the FHA,

at least annually.

If the FHA has reasonable cause to believe that the certification provided by the family is false

or fraudulent, the FHA has the right to require additional third-party verification.

11-I.E. NONCOMPLIANCE

Noncompliant Residents

The lease specifies that it is renewed automatically for all purposes, unless the family fails to comply

with the community service requirement. Violation of the service requirement is grounds for

nonrenewal of the lease at the end of the twelve month lease term, but not for termination of tenancy

during the course of the twelve month lease term [24 CFR 960.603(b)].

FHAs may not evict a family due to CSSR noncompliance. However, if FHA finds a tenant is

noncompliant with CSSR, the FHA must provide written notification to the tenant of the

noncompliance which must include:

A brief description of the finding of non-compliance with CSSR.

A statement that the FHA will not renew the lease at the end of the current 12-month lease term

unless the tenant enters into a written work-out agreement with the FHA or the family provides

written assurance that is satisfactory to the FHA explaining that the tenant or other noncompliant

resident no longer resides in the unit. Such written work-out agreement must include the means

through which a noncompliant family member will comply with the CSSR requirement [24 CFR

960.607(c), Notice PIH 2015-12].

The notice must also state that the tenant may request a grievance hearing on the FHA’s

determination, in accordance with the FHA’s grievance procedures, and that the tenant may exercise

any available judicial remedy to seek timely redress for the FHA’s nonrenewal of the lease because of

the FHA’s determination.

FHA Policy

The notice of noncompliance will be sent at least 45 days prior to the end of the lease term.

The family will have 10 business days from the date of the notice of noncompliance to enter

into a written work-out agreement to cure the noncompliance over the 12 month term of the

new lease, provide documentation that the noncompliant resident no longer resides in the unit,

or to request a grievance hearing.

If the family reports that a noncompliant family member is no longer residing in the unit, the

family must provide documentation that the family member has actually vacated the unit

before the FHA will agree to continued occupancy of the family. Documentation must consist


ACOP 11/13/19

-11

of a certification signed by the head of household as well as evidence of the current address of

the family member that previously resided with them.

If the family does not request a grievance hearing, or does not take either corrective action

required by the notice of noncompliance within the required 10 business day timeframe, the

FHA will terminate tenancy in accordance with the policies in Section 13-IV.D.

Continued Noncompliance and Enforcement Documentation [24 CFR 960.607(b)]

Should a family member refuse to sign a written work-out agreement, or fail to comply with the terms

of the work-out agreement, FHAs are required to initiate termination of tenancy proceedings at the

end of the current 12-month lease (see 24 CFR 966.53(c)) for failure to comply with lease

requirements. When initiating termination of tenancy proceedings, the FHA will provide the following

procedural safeguards:

Adequate notice to the tenant of the grounds for terminating the tenancy and for non-renewal of

the lease;

Right of the tenant to be represented by counsel;

Opportunity for the tenant to refute the evidence presented by the FHA, including the right to

confront and cross-examine witnesses and present any affirmative legal or equitable defense which

the tenant may have; and,

A decision on the merits.

FHA Policy

Notices of continued noncompliance will be sent at least 30 days prior to the end of the lease

term and will also serve as the family’s termination notice. The notice will meet the

requirements for termination notices described in Section 13-IV.D, Form, Delivery, and

Content of the Notice.

The family will have 10 business days from the date of the notice of non-compliance to

provide documentation that the noncompliant resident no longer resides in the unit, or to

request a grievance hearing.

If the family reports that a noncompliant family member is no longer residing in the unit, the

family must provide documentation that the family member has actually vacated the unit

before the FHA will agree to continued occupancy of the family. Documentation must consist

of a certification signed by the head of household as well as evidence of the current address of

the noncompliant family member that previously resided with them.

If the family does not request a grievance hearing, or provide such documentation within the

required 10 business day timeframe, the family’s lease and tenancy will automatically

terminate at the end of the current lease term without further notice.


ACOP 11/13/19

Page 11-12

PART II: IMPLEMENTATION OF COMMUNITY SERVICE

11-II.A. OVERVIEW

Each FHA must develop a policy for administration of the community service and economic self-

sufficiency requirements for public housing. It is in the FHA’s best interests to develop a viable,

effective community service program, to provide residents the opportunity to engage in the

community and to develop competencies.

FHA Implementation of Community Service

The FHA may not substitute any community service or self-sufficiency activities performed by

residents for work ordinarily performed by FHA employees, or replace a job at any location where

residents perform activities to satisfy the service requirement [24 CFR 960.609].

FHA Policy

The FHA will notify its insurance company if residents will be performing community service

at the FHA. In addition, the FHA will ensure that the conditions under which the work is to be

performed are not hazardous.

If a disabled resident certifies that s/he is able to perform community service, the FHA will

ensure that requests for reasonable accommodation are handled in accordance with the

policies in Chapter 2.

FHA Program Design

The FHA may administer qualifying community service or economic self-sufficiency activities

directly, or may make community service activities available through a contractor, or through

partnerships with qualified organizations, including resident organizations, and community agencies

or institutions [24 CFR 960.605(b)].

FHA Policy

The FHA will attempt to provide the broadest choice possible to residents as they choose

community service activities.

The FHA’s goal is to design a service program that gives residents viable opportunities to

become involved in the community and to gain competencies and skills. The FHA will work

with resident organizations and community organizations to design, implement, assess and

recalibrate its community service program.

The FHA will make every effort to identify volunteer opportunities throughout the

community, especially those in proximity to public housing developments. To the greatest

extent possible, the FHA will provide names and contacts at agencies that can provide

opportunities for residents, including persons with disabilities, to fulfill their community

service obligations.


ACOP 11/13/19

Page 11-13

Any written agreements or partnerships with contractors and/or qualified organizations,

including resident organizations, are described in the FHA Plan.

The FHA will provide in-house opportunities for volunteer work or self-sufficiency programs

when possible.

When the FHA has a ROSS program, a ROSS Service Coordinator, or an FSS program, the

FHA will coordinate individual training and service plans (ITSPs) with the community

service requirement. Regular meetings with FHA coordinators will satisfy community service

activities and FHA coordinators will verify community service hours within individual

monthly logs.


ACOP 11/13/19

Page 11-14

EXHIBIT 11-1: COMMUNITY SERVICE AND SELF-SUFFICIENCY POLICY

A. Background

The Quality Housing and Work Responsibility Act of 1998 requires that all nonexempt (see

definitions) public housing adult residents (18 or older) contribute eight (8) hours per month of

community service (volunteer work) or participate in eight (8) hours of training, counseling, classes

or other activities that help an individual toward self-sufficiency and economic independence. This is

a requirement of the public housing lease.

B. Definitions

Community Service – community service activities include, but are not limited to, work at:

Local public or nonprofit institutions such as schools, head start programs, before or after school

programs, child care centers, hospitals, clinics, hospices, nursing homes, recreation centers, senior

centers, adult day care programs, homeless shelters, feeding programs, food banks (distributing

either donated or commodity foods), or clothes closets (distributing donated clothing)

Nonprofit organizations serving FHA residents or their children such as: Boy or Girl Scouts, Boys

or Girls Club, 4-H clubs, Police Assistance League (PAL), organized children’s recreation,

mentoring or education programs, Big Brothers or Big Sisters, garden centers, community clean-

up programs, beautification programs

Programs funded under the Older Americans Act, such as Green Thumb, Service Corps of Retired

Executives, senior meals programs, senior centers, Meals on Wheels

Public or nonprofit organizations dedicated to seniors, youth, children, residents, citizens, special-

needs populations or with missions to enhance the environment, historic resources, cultural

identities, neighborhoods, or performing arts

FHA housing to improve grounds or provide gardens (so long as such work does not alter the

FHA’s insurance coverage); or work through resident organizations to help other residents with

problems, including serving on the Resident Advisory Board

Care for the children of other residents so parent may volunteer

Note: Political activity is excluded.


ACOP 11/13/19

Page 11-15

Self-Sufficiency Activities – self-sufficiency activities include, but are not limited to:

Job readiness or job training

Training programs through local one-stop career centers, workforce investment boards (local

entities administered through the U.S. Department of Labor), or other training providers

Employment counseling, work placement, or basic skills training

Education, including higher education (junior college or college), or reading, financial, or

computer literacy classes

Apprenticeships (formal or informal)

English proficiency or English as a second language classes

Budgeting and credit counseling

Any other program necessary to ready a participant to work (such as substance abuse or mental

health counseling)

Exempt Adult – an adult member of the family who meets any of the following criteria:

Is 62 years of age or older

Is blind or a person with disabilities (as defined under section 216[i][l] or 1614 of the Social

Security Act), and who certifies that because of this disability he or she is unable to comply with

the service provisions, or is the primary caretaker of such an individual

Is engaged in work activities

Is able to meet requirements under a state program funded under part A of title IV of the Social

Security Act, or under any other welfare program of the state in which the FHA is located,

including a state-administered welfare-to-work program; or

Is a member of a family receiving assistance, benefits, or services under a state program funded

under part A of title IV of the Social Security Act, or under any other welfare program of the state

in which the FHA is located, including a state-administered welfare-to-work program and the

supplemental nutrition assistance program (SNAP), and has not been found by the state or other

administering entity to be in noncompliance with such program

FHAs can use reasonable guidelines in clarifying the work activities in coordination with TANF, as

appropriate.


ACOP 11/13/19

Page 11-16

Work Activities – as it relates to an exemption from the community service requirement, work

activities means:

Unsubsidized employment

Subsidized private sector employment

Subsidized public sector employment

Work experience (including work associated with the refurbishing of publicly assisted housing) if

sufficient private sector employment is not available

On-the-job training

Job search and job readiness assistance

Community service programs

Vocational educational training (not to exceed 12 months with respect to any individual)

Job skills training directly related to employment

Education directly related to employment, in the case of a recipient who has not received a high

school diploma or a certificate of high school equivalency

Satisfactory attendance at secondary school or in a course of study leading to a certificate of

general equivalence, in the case of a recipient who has not completed secondary school or received

such a certificate

Provision of child care services to an individual who is participating in a community service

program


ACOP 11/13/19

Page 11-17

C. Requirements of the Program

1. The eight (8) hours per month may be either volunteer work or self-sufficiency program

activity, or a combination of the two.

2. At least eight (8) hours of activity must be performed each month, or may be aggregated

across a year. Any blocking of hours is acceptable as long as long as 96 hours is completed by

each annual certification of compliance.

3. Family obligation:

At lease execution, all adult members (18 or older) of a public housing resident family

must:

Sign a certification (Attachment A) that they have received and read this policy and

understand that if they are not exempt, failure to comply with the community service

requirement will result in a nonrenewal of their lease; and

Declare if they are exempt. If exempt, they must complete the Exemption Form

(Exhibit 11-3) and provide documentation of the exemption.

Upon written notice from the FHA, nonexempt family members must present complete

documentation of activities performed during the applicable lease term. This

documentation will include places for signatures of supervisors, instructors, or counselors,

certifying the number of hours.

If a family member is found to be noncompliant at the end of the 12-month lease term, he

or she, and the head of household, will be required to sign an agreement with the housing

authority to make up the deficient hours over the next twelve (12) month period, or the

lease will be terminated.

At annual reexamination, the family must also sign a certification certifying that they

understand the community service requirement.

4. Change in exempt status:

If, during the twelve (12) month lease period, a nonexempt person becomes exempt, it is

his or her responsibility to report this to the FHA and provide documentation of exempt

status.

If, during the twelve (12) month lease period, an exempt person becomes nonexempt, it is

his or her responsibility to report this to the FHA. Upon receipt of this information the

FHA will provide the person with the appropriate documentation form(s) and a list of

agencies in the community that provide volunteer and/or training opportunities.


ACOP 11/13/19

Page 11-18

D. Authority Obligation

1. To the greatest extent possible and practicable, the FHA will:

Provide names and contacts at agencies that can provide opportunities for residents,

including residents with disabilities, to fulfill their community service obligations.

Provide in-house opportunities for volunteer work or self-sufficiency activities.

2. The FHA will provide the family with a copy of this policy, and all applicable exemption

verification forms and community service documentation forms, at lease-up, lease renewal,

when a family member becomes subject to the community service requirement during the

lease term, and at any time upon the family’s request.

3. Although exempt family members will be required to submit documentation to support their

exemption, the FHA will verify the exemption status in accordance with its verification

policies. The FHA will make the final determination as to whether or not a family member is

exempt from the community service requirement. Residents may use the FHA’s grievance

procedure if they disagree with the FHA’s determination.

4. Noncompliance of family member:

At least thirty (30) days prior to the end of the 12-month lease term, the FHA will begin

reviewing the exempt or nonexempt status and compliance of family members;

If, at the end of the initial 12-month lease term under which a family member is subject to

the community service requirement, the FHA finds the family member to be

noncompliant, the FHA will not renew the lease unless:

The head of household and any other noncompliant resident enter into a written

agreement with the FHA, to make up the deficient hours over the next twelve (12)

month period; or

The family provides written documentation satisfactory to the FHA that the

noncompliant family member no longer resides in the unit.

If, at the end of the next 12-month lease term, the family member is still not compliant, a

30-day notice to terminate the lease will be issued and the entire family will have to

vacate, unless the family provides written documentation satisfactory to the FHA that the

noncompliant family member no longer resides in the unit;

The family may use the FHA’s grievance procedure to dispute the lease termination.


ACOP 11/13/19

Page 11-19

All adult family members must sign and date below, certifying that they have read and received a

copy of this Community Service and Self-Sufficiency Policy.

Resident Date

Resident Date

Resident Date

Resident Date


ACOP 11/13/19

Page 11-20

EXHIBIT 11-2: DEFINITION OF A PERSON WITH A DISABILITY UNDER SOCIAL

SECURITY ACTS 216(i)(l) and Section 1416(excerpt) FOR PURPOSES OF EXEMPTION

FROM COMMUNITY SERVICE

Social Security Act:

216(i)(1): Except for purposes of sections 202(d), 202(e), 202(f), 223, and 225, the term “disability”

means (A) inability to engage in any substantial gainful activity by reason of any medically

determinable physical or mental impairment which can be expected to result in death or has lasted or

can be expected to last for a continuous period of not less than 12 months, or (B) blindness; and the

term “blindness” means central visual acuity of 20/200 or less in the better eye with the use of a

correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the

widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered

for purposes of this paragraph as having a central visual acuity of 20/200 or less.

Section 1416 (excerpt):

SEC. 1614. [42 U.S.C. 1382c] (a)(1) For purposes of this title, the term “aged, blind, or disabled

individual” means an individual who—

(A) is 65 years of age or older, is blind (as determined under paragraph (2)), or is disabled (as

determined under paragraph (3)), and

(B)(i) is a resident of the United States, and is either (I) a citizen or (II) an alien lawfully

admitted for permanent residence or otherwise permanently residing in the United States

under color of law (including any alien who is lawfully present in the United States as a result

of the application of the provisions of section 212(d)(5) of the Immigration and Nationality

Act), or

(ii) is a child who is a citizen of the United States and, who is living with a parent of the child

who is a member of the Armed Forces of the United States assigned to permanent duty ashore

outside the United States.

(2) An individual shall be considered to be blind for purposes of this title if he has central

visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which

is accompanied by a limitation in the fields of vision such that the widest diameter of the

visual field subtends an angle no greater than 20 degrees shall be considered for purposes of

the first sentence of this subsection as having a central visual acuity of 20/200 or less. An

individual shall also be considered to be blind for purposes of this title if he is blind as defined

under a State plan approved under title X or XVI as in effect for October 1972 and received

aid under such plan (on the basis of blindness) for December 1973, so long as he is

continuously blind as so defined.

(3)(A) Except as provided in subparagraph (C), an individual shall be considered to be

disabled for purposes of this title if he is unable to engage in any substantial gainful activity

by reason of any medically determinable physical or mental impairment which can be

expected to result in death or which has lasted or can be expected to last for a continuous

period of not less than twelve months.


ACOP 11/13/19

Page 11-21

EXHIBIT 11-3: FHA DETERMINATION OF EXEMPTION FOR COMMUNITY

SERVICE

Family:

Adult family member:

This adult family member meets the requirements for being exempted from the FHA’s community

service requirement for the following reason:

62 years of age or older (Documentation of age in file)

Is a person with disabilities and self-certifies below that he or she is unable to comply with the

community service requirement (Documentation of HUD definition of disability in file)

Tenant certification: I am a person with disabilities and am unable to comply with the

community service requirement.

Signature of Family Member Date

Is the primary caretaker of such an individual in the above category (Documentation in file)

Is engaged in work activities (Verification in file)

Is able to meet requirements under a state program funded under part A of title IV of the

Social Security Act, or under any other welfare program of the state in which the FHA is

located, including a state-administered welfare-to-work program (Documentation in file)

Is a member of a family receiving assistance, benefits, or services under a state program

funded under part A of title IV of the Social Security Act, or under any other welfare program

of the state in which the FHA is located, including a state-administered welfare-to-work

program and the supplemental nutrition assistance program (SNAP), and has not been found

by the state or other administering entity to be in noncompliance with such program

(Documentation in file)

Signature of Family Member Date

Signature of FHA Official Date


ACOP 11/13/19

Page 11-22

EXHIBIT 11-4: CSSR WORK-OUT AGREEMENT

Date:

Noncompliant Adult:

Adult family member:

Community Service & Self-Sufficiency Requirement (CSSR):

Under Section 12 of the U.S. Housing Act, the _______________ (insert name of FHA) is required to

enforce the community service and self-sufficiency requirement (CSSR). Under the CSSR, each

nonexempt adult family member residing in public housing must perform 8 hours per month of

community service or self sufficiency activities.

Noncompliance: ____________ (insert name of FHA) has found that the nonexempt individual named

above is in noncompliance with the CSSR. This work-out agreement is the FHA’s written notification to

you of this noncompliance.

Our records show that for the most recent lease term you were required to perform

hours of CSSR activities. However, there were hours of

verified CSSR activities. Therefore, you are in noncompliance for hours.

__________ (insert name of FHA) will not renew the lease at the end of the current 12-month lease term

unless the head of household and noncompliant adult sign a written work-out agreement with

__________ (insert name of FHA) or the family provides written assurance that is satisfactory to

_______________ (insert name of FHA) explaining that the noncompliant adult no longer resides in the

unit. The regulations require that the work-out agreement include the means through which a

noncompliant family member will comply with the CSSR requirement. [24 CFR 960.607(c), Notice PIH

2015-12]. The terms of the CSSR work-out agreement are on the reverse side of this page.

Enforcement: Should a family member refuse to sign this CSSR work-out agreement, or fail to

comply with the terms of this CSSR work-out agreement, or fail to provide satisfactory written

assurance that the noncompliant adult no longer resides in the unit, _________ (insert name of FHA)

is required to initiate termination of tenancy proceedings at the end of the current 12-month lease [24

CFR 966.53(c)].


ACOP 11/13/19

Page 11-23

Terms of CSSR Work-Out Agreement Noncompliant Adult:

Please check one of the below boxes:

I [head of household or spouse/cohead] certify that the noncompliant adult named above no

longer resides in the unit. [Verification attached.]

I, the noncompliant adult named above, agree to complete hours in the upcoming

12-month lease term. These hours include the hours not fulfilled in the most

previous lease term, plus the 96 hours for the upcoming lease term.

Below is a description of means through which I will comply with the CSSR requirement:

Description of Activity Number of Hours

1.

2.

3.

4.

5.

Total Hours

SIGNED AND ATTESTED THIS DATE

Signature: Date: Head of Household

Signature: Date: Noncompliant Adult, if other than Head of Household

Signature: Date: FHA Official

admissions and continued occupancy policy chapter 11 ... · acop 11/13/19 page 11-3 iv of the...

Documents